Avenir Consulting AG
Tel: +41 58 274 74 00
These General Terms and Conditions apply to all business dealings of the companies of the Avenir Group (hereinafter referred to as “Avenir”), specifically Avenir Consulting AG, Avenir Services AG und Avenir Operations AG. They regulate the contractual relationship between the client and Avenir.
Conclusion of a contract
Unless otherwise agreed, offers made by Avenir shall remain valid for 30 days. A contract shall only be concluded upon the placing of a written order or mandate by the client. Orders or mandates may be submitted to Avenir by email, ordinary post or in person. Avenir shall be entitled to reject orders or mandates without stating reasons, and to suspend, curtail or prematurely terminate the performance of an order or mandate if the client impedes or renders impossible the fulfilment of the order or mandate or is late in making any payment.
Avenir performs all orders and mandates with the greatest possible diligence and the requisite quality. However, Avenir does not assume any liability for the result of its activities. The liability of Avenir for any damages or losses is expressly waived to the extent legally permitted. In particular, Avenir does not assume liability for losses or damages attributable to circumstances for which Avenir is not responsible. In particular, Avenir shall not be liable for the suitability of third-party software installed by the client and does not guarantee the functionality of such products within a specific IT system or in combination with a specific application. Furthermore, Avenir shall not be liable for damages caused by (i) incorrect manipulation of or (ii) attacks on the hardware and software environment.
Confidentiality, data protection and data security
Avenir and the client each undertake to the other to uphold the confidentiality of all information and data not publicly known that becomes available to them in the preparation and implementation of the contract. This duty shall continue to apply also after the termination of the contract, for as long as a legitimate interest in confidentiality persists.
Avenir undertakes to treat all information received from the client as strictly confidential and to use it exclusively to process the order. We reserve the right to enter into contrary agreements.
The client can use the anonymised data from the commissioned study for further research projects. The client can grant third parties usage rights to the data.
Avenir can re-use general findings from studies and projects for other purposes. Avenir shall ensure that third parties cannot infer the results of studies or previous projects or the identity of the client from the use of the know-how.
Avenir is obliged to keep project-specific documents for two years after the submission of the investigation report. Longer deadlines must be expressly agreed.
Services and fees
Unless otherwise agreed, Avenir shall be entitled to outsource the order. Upon request, the client shall be informed of identity of the subcontractors.
- Consultancy: In the event of the premature termination of a consultancy project by the client, all costs for work performed until that time in addition to 50% of the costs for work in accordance with the order or mandate not yet performed, shall be owed.
- Survey: In the event of the premature termination of a consultancy project by the client, all costs for work performed until that time in addition to 20% of the costs for work in accordance with the order or mandate not yet performed, shall be owed.
- Training: In the event of cancellation fewer than 45 days before the scheduled day for the training, 50% of the full seminar price shall be charged, or if fewer than 30 days before the start of the event, the full seminar price. If no notice of cancellation is given, the full cost of the seminar shall be due.
- Assessment: In the event of cancellation fewer than 14 days before the date of an individual assessment, 50% of the full assessment price shall be charged, or if fewer than 7 days before the start the full assessment price. For group assessments, the same terms shall apply as for consultancy projects.
Business expenses and third-party expenses
Travel expenses at cost (1st class rail travel resp. car at CHF 0.85 per km), meals/overnight accommodation at cost. Costs for third party services such as hotels, translations and the production of auxiliary resources shall be assumed by, respectively invoiced to, the client.
Use of third-party software
If Avenir is required to perform the order using a software environment of a third party or if the client uses the services of Avenir via such a software environment, this software environment shall be used in accordance with the license conditions of this third party. Unless there is an explicit agreement to the contrary, Avenir’s service shall be limited to acquiring the necessary licenses for the contractual use of the software environment. Avenir and the client shall ensure compliance with the license conditions in their respective areas of influence and responsibility. It is the responsibility of the client to check whether the software environment meets the client’s requirements in terms of compatibility, data protection and data security.
Should these terms and conditions or any parts hereof be or become invalid, this shall not affect the validity of the remaining terms. The invalid term shall be replaced by a term that comes as close as possible to the economic purpose of the invalid term.
Any agreements that deviate from these GTC must be made in writing.
Applicable law and jurisdiction
These GTC along with any legal disputes arising out of or in relation to the contractual relationship between Avenir and the client shall be governed exclusively by Swiss law. The exclusive place of jurisdiction shall be Zurich.
Zurich, December 2020